Press Releases

The Mental Health (Amendment) Bill 2000 will be published in the Gazette tomorrow (Friday).

The Bill seeks to clarify that the term "medical treatment" under the Mental Health Ordinance shall not be construed to include the removal of organs from an adult mentally incapacitated person (MIP) who is incapable of giving consent, for transplant into another person.

Under the Ordinance, an MIP is defined as a mentally disordered or mentally handicapped person.

"The amendment Bill seeks to fully protect the rights and interests of those MIPs who lack the ability to understand the nature and possible effects of an organ removal operation," a spokesman for the Health and Welfare Bureau explained.

"Given the significant risk and pain associated with an organ removal operation, no one should be allowed to give consent on another person's behalf to donate an organ. An MIP incapable of giving consent should be protected from their organs being removed for transplant into another person," the spokesman added.

The Bill will not affect organ donation by MIPs who are capable of giving consent and who are able to fulfill the requirements under the Human Organ Transplant Ordinance. Nor will it affect the ability of MIPs to receive an organ.

The Bill will be introduced into the Legislative Council on 26 January 2000.

End/Thursday, January 13, 2000

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